UK: New Fees For European Nationals And Their Family Members – Are They Lawful?

As many of you will already know, the Home Office has brought in a new fee of £55 for applications for residence documents by European nationals and their family members living in the UK. Of course, residence documents are still not mandatory for European citizens and their non-European family members in the UK. However, such documents are useful, particularly in the case of non-European family members of European citizens, as they are an easy way of proving to employers that they are entitled to work here, and of showing an immigration officer that they have a right to be in this country.

Such applications were previously processed free of charge, and it had generally always been thought that this was because imposing a fee would effectively be a breach of the Treaties underpinning the European Union, specifically an obstacle to free movement within the Union. The Home Office's explanation for the introduction of a charge seems to be that British nationals are also charged similar if not higher amounts for documents such as passports and driving licences, and also that other European Union member states also charge other nationals for identity documents. Provided that European residence documents remain non-mandatory and that they are comparable to documents such as driving licences and passports, I think it unlikely that they will be challenged.

Furthermore, the issue of whether the new charge does indeed constitute a breach of the fundamental freedoms guaranteed to Europeans is best decided by the courts. Given the low level of the new charge it is unlikely that any individuals will be too interested in disputing its legality.

At the moment the Government seems to be stopping short of imposing a requirement that EEA citizens in the UK obtain residence documents whether they want to or not. The legality of such a step would undoubtedly be subject to challenge as there is (as yet) no comparable obligation for British citizens.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.